(BY SHRI OMPRAKASH SOLANKI - ADVOCATE) v. (BY SHRI BHUWAN DESHMUKH - G.A)
Case at a glance
- Bench
- VIJAY KUMAR SHUKLA
Judgment
(BY SHRI OMPRAKASH SOLANKI - ADVOCATE) .....PETITIONER AND
THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY VALLABH BHAWAN, BHOPAL (MADHYA PRADESH) C O M M I S S I O N E R PUBLIC D I R ECTO R ATE GAUTAM NAGAR (MADHYA PRADESH) EDUCATION BHOPAL DISTRICT SCHOOL EDUCATION OFFICER EDUCATION DEPARTMENT INDORE (MADHYA PRADESH) (BY SHRI BHUWAN DESHMUKH - G.A) .....RESPONDENTS This petition coming on for admission this day, the court passed the following: ORDER The petitioner is working as Middle School Teacher. He is aggrieved by the transfer order whereby he has been transferred from Government Middle School, Thavlay to Government Middle School Jindkheda. It is submitted that petitioner is an elected officer bearer, Secretary of Block Level Mhow of M.P. Signature Not Verified Signed by: VARGHESE MATHEW Signing time: 19-09-2023 17:54:17 2 Shikshak Congress, district Indore. The election of the office bearer was duly communicated to the Collector and the other competent authorities. It is argued that as per the transfer policy of the State government the petitioner is entitled for exemption for transfer for four years.
Counsel for State opposed the prayer and submits that transfer policy did not confer any enforceable right to the employee.
3. After hearing learned counsel for parties and taking into consideration that the petitioner has already submitted a representation on 9.9.2023 to the respondent No.2, I deem it expedient to dispose off the petition with a direction to the Commissioner, Public Instructions, Bhopal to consider and decide the representation of the petitioner in accordance with law by passing a reasoned speaking order within one month from the date of communication of the order. Till the representation is decided, considering the fact that no one is posted in place of the petitioner, the operation of the impugned order dated 31.8.2023 shall remain stayed and the petitioner shall be allowed to work at present place of posting i.e. government Middle School, Thavlay. VM (VIJAY KUMAR SHUKLA) JUDGE Signature Not Verified Signed by: VARGHESE MATHEW Signing time: 19-09-2023 17:54:17
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